Brazil & Southern Cone - December 2010 (ISSN 1741-4431)

At least four simultaneous judicial investigations are thoroughly looking into Ricardo Jaime, a former secretary of transport under President Néstor Kirchner (2003-2007). Jaime's judicial situation is becoming more difficult. Several houses in Argentina and Brazil formally owned by him have been seized and his children, as well as his partner and her family, have been barred from travelling overseas.

In late November, the police seized 11 computers belonging to Manuel Vázquez, Jaime's former advisor, containing thousands of e-mails sent during Jaime's administration which allegedly provide evidence of numerous irregularities and may indicate that in addition to the so-called 'parallel embassy' in Venezuela being investigated by the judiciary [RBS-10-05] another one also existed in Spain. There is a problem however, over the time lag between the original accusations against Jaime and the seizure of the evidence. Given that the Vázquez computers were left unattended by the investigators for years, judicial experts claim that the chain of custody has been broken and that the legal value of the e-mails may be jeopardised.

Furthermore, since the emails in question were sent by Vázquez to third parties, Jaime's defence attorney, Andrés Marutián, argues their contents are irrelevant. Even if these messages do prove wrongdoings, Jaime's knowledge of the alleged corruption schemes referred to the emails would have to be proved using other independent sources. As in Colombia, where digital evidence taken from computers owned by major narco-traffickers and guerrilla commanders is part of important test cases, the evidence found on the Vázquez computers will have undergo detailed examination in Argentina to resolve the debate over its validity.

According to some of the e-mails, Jaime appears to have spearheaded a drive to obtain illegal campaign contributions from Spanish companies for the 2005 midterm elections in which Cristina Fernández was elected senator for the province of Buenos Aires and again for her 2007 presidential campaign. The e-mails emerge at a difficult time for President Fernández, whose 2007 campaign finances are also under the magnifying glass in at least two other (unrelated) judicial investigations. Despite some (slow) progress in those investigations, it is very unlikely they will have an impact before the scheduled October 2011 general election, in which Fernández is expected to run for re-election. Argentina is still awaiting the resolution of corruption charges levied against President Carlos Menem (1989-1999).

In addition to causing a media stir and triggering renewed opposition attacks, the e-mails also underline the level of impunity with which public officials apparently felt they could act. These emails were not highly coded communications in which the alleged conspirators tried to hide their crimes, but rather the composition of people that felt safely above the law. For example, one e-mail explains how the cost of contracts with Spanish providers had been inflated for the Argentine officials and their Spanish intermediary so as to obtain a cut of some â‚ ¬700,000 (US$840,000 at the average 2005 exchange rate). Others detailed how the companies would 'hire' the services of a consultancy in Spain, led by Miguel Angel Lorente, Vázquez's contact in Madrid, to carry out a 'study' about the “essential problems" the companies faced in Argentina. The consultancy would bill the companies for the study at a pre-arranged rate, which would then be funnelled to the campaign chest. “They then receive a sealed report from the relevant ministry, with thanks for collaborating in the study. They would also have confirmation that we delivered [the money]. It would be made clear that it is an electoral contribution", reads an email dated 12 September 2005.

For the Argentine judiciary, this case not only provides the opportunity to break the widely held public belief that impunity for public officials is rampant, but also to demonstrate its independence from the executive branch (see sidebar).

•  An unlikely outcome

When Jaime's investigation began, members of the administration tried to distance themselves from their former colleague. This wasn't hard for key players like the planning minister Julio de Vido, who allegedly wasn't on speaking terms with Jaime when he was in office. However, the emergence of the emails dramatically changed this scenario as the communications reference key government figures, including Kirchner himself and his lifelong secretary, Daniel Alvarez. Thus, the Argentine media reports, de Vido recently met with the case's presiding judge, Norberto Oyarbide, to find out what might happen next, in an apparent attempt to minimise any spill over.